All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

On December 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Metcalf v. Safirstein Metcalf, LLP, 2024 NY Slip Op. 34381(U), denying a motion for a preliminary injunction because the plaintiff was seeking money damages, even though the funds sought were in an escrow account . . . Continue reading Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

Commercial Case Notes / Court Rules and Procedures

Court Severs Third-Party Action to Avoid Prejudice to Parties

On December 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 63 Co., LLC v. 63rd & 3rd NYC LLC, 2024 NY Slip Op. 34393(U), severing third-party claims to avoid prejudice to the parties . . . Continue reading Court Severs Third-Party Action to Avoid Prejudice to Parties

Commercial Case Notes / Privilege/Work Product

Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

On December 12, 2024, Justice Cohen of the New York County Commercial Division issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2024 NY Slip Op. 34400(U), holding that the fiduciary exception to attorney-client privilege does not apply when fiduciary duties have been waived . . . Continue reading Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

Commercial Case Notes / Service of Process

Court Allows Plaintiff to Serve Defendant by Express Mail Plus E-mail to Defendant’s Son

On December 14, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Gupta v. Gupta, 2024 NY Slip Op. 34411(U), allowing a plaintiff to serve a defendant by express mail plus e-mail to the defendant’s son . . . Continue reading Court Allows Plaintiff to Serve Defendant by Express Mail Plus E-mail to Defendant’s Son

Commercial Case Notes / Damages

Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan

On December 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in TPCAF I, LLC v. Aboutaam, 2024 NY Slip Op. 34420(U), holding that a lender is not required to foreclose on collateral rather than sue for the amount due on the loan . . . Continue reading Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan

Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

On December 9, 2024, Justice Crane of the New York County Commercial Division issued a decision in GoGreen Diamonds Inc. v. Quantum Jewelry LLC, 2024 NY Slip Op. 34431(U), denying a motion for summary judgment on a quantum valebant claim because there were questions of fact regarding the value of the goods sold . . . Continue reading Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

Albany County Courthouse (Justice Platkin)

Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

On December 11, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Cyprium Therapeutics, Inc. v. Curia Global, Inc., 2024 NY Slip Op. 51698(U), holding that whether a party can recover on an injunction undertaking is determined by the final decision on the merits . . . Continue reading Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

Appellate Division, Second Department Courthouse

Commercial Case Notes / Service of Process

Bare Denial of Service Insufficient to Rebut Process Server Affidavit

On December 24, 2024, the Second Department issued a decision in Bayview Loan Servicing, LLC v. Ashkenazi, 2024 NY Slip Op. 06576, holding that a bare denial of service is insufficient to rebut a process server’s affidavit . . . Continue reading Bare Denial of Service Insufficient to Rebut Process Server Affidavit

Appellate Division First Department Courthouse

Commercial Case Notes / Damages

Statutory Interest Must Be Based on Damages Actually Awarded

On December 17, 2024, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 06318, holding that statutory interest must be based on the damages actually awarded . . . Continue reading Statutory Interest Must Be Based on Damages Actually Awarded

Commercial Case Notes / Subject Matter Jurisdiction

Claim Properly Dismissed Under Primary Jurisdiction Doctrine

On December 17, 2024, the First Department issued a decision in Riverdale Jewish Ctr. v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 06314, holding that a claim was properly dismissed under the primary jurisdiction doctrine . . . Continue reading Claim Properly Dismissed Under Primary Jurisdiction Doctrine

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